McGee v. Prison Health Services, Inc. et al (INMATE 2)
Doc. 8
Case 2:07-cv-00181-WHA-TFM
Document 8
Filed 03/19/2007
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ WYLIE E. MCGEE, #248 056 Plaintiff, v. PRISON HEALTH SERVICES, INC., et al., Defendants. _____________________________ * * * * * 2:07-CV-181-WHA (WO)
RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff filed this complaint on March 1, 2007. On March 13, 2007 he filed a motion to dismiss the complaint. (Doc. No. 7.) Upon review of the file in this case, the court concludes that Plaintiff's motion to dismiss is due to be granted. Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's motion to dismiss be GRANTED and that this case be dismissed without prejudice. It is further ORDERED that the parties are DIRECTED to file any objections to the Recommendation on or before April 2, 2007. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.
Dockets.Justia.com
Case 2:07-cv-00181-WHA-TFM
Document 8
Filed 03/19/2007
Page 2 of 2
Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11 th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11 th Cir. 1981) (en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. Done, this 19 th day of March 2007.
/s/Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE
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